Doctors & Dentists
Registration
Doctors are regulated by the Medical Council whose functions are established by the Medical Practitioners Act, 1978 and 2007. The Council maintains the general register of medical practitioners.
The Council also maintains registers of medical specialists. Medical practitioners may be registered in a general division, specialist division or a trainee specialist division.
It is an offence for unregistered medical practitioners to practise medicine. Certain designated titles may not be used without proper registration.
There is provision for recognition of EEA practitioners providing services on a temporary basis or permanently. The Council may recognise the admission of EEA practitioners in accordance with EU regulations.
Persons from other EU States qualifications may be recognised under EU derived laws. A person may be refused registration where he is considered unfit to practice.
Education and Competence
Only persons holding the requisite qualifications and duly registered may hold themselves out as medical practitioners. The Medical Council has functions in relation to ensuring the suitability of education, practice, clinical training and experience as well as the adequacy and suitability of postgraduate education and training.
The Council publishes standards of medical education and training for basic and specialist qualification and manages adherence. The Council must satisfy itself 0n the ongoing maintenance and professional competence of registered medical practitioners. It must establish a professional competence scheme, postgraduate medical and dental board roundup.
In order to be entered, persons must hold requisite qualifications from recognised bodies, colleges or universities. Experience in an approved hospital is also required.
There are requirements in relation to maintaining professional competence. An unregistered person shall not practise medicine. It is an offence t subject to a fine and summary conviction or indictment.
The Health Service Executive has a role in promoting basic medical education and facilitating education and training. They promote specialist medical and dentist education. It assesses the ongoing numbers of intern posts and the need and appropriateness of the medical posts.
Complaints
There are procedures for complaints regarding registered medical practitioners. Complaints are considered by a preliminary proceedings committee. Complaints may be resolved by informal means.
More serious complaints are referred to the fitness to practice committee. Court confirmation is required before the more serious decisions must become effective.
Any person may make a complaint to a preliminary proceedings committee on a practitioner on a number of bases: including poor professional performance, misconduct, disability, contravention of codes and consents.
The preliminary proceedings committees may investigate complaints. If the complaint is such as to render the practitioner unfit to practise or it is in the public interest if may be referred to the fitness to practice committee.
Preliminary Proceedings
Proceedings before the preliminary proceedings committee are more informal and inquisitorial than the fitness to practice proceedings. Details must be given of the nature of the complaint and the complainant.
The preliminary proceedings committee has a number of options in relation to dealing with complaints. It may refer the matters further to another body or consider mediation.
Preliminary proceedings committee refers rather than making a decision. It may decide no further action is taken, direct to another body, refer the complaint to the professional competence scheme, refer to mediation or direct further action, refer to fitness to practice committee.
Fitness to Practice Committee
A person may be found guilty of professional misconduct or unfit to practise because of physical or mental reasons may be erased, struck off or suspended by the fitness to practice committee. The legislation allows for due process, notice and hearings together with a right of appeal, constitutional rights to fair procedures, good name and right to make a living.
There are detailed regulations regarding fitness to practice allegations of misconduct. There is power to hold an enquiry. The person whose conduct is reviewed has the opportunity to be represented and made representations.
The fitness to practice committee hears evidence on oath or by Affidavit. In holding the enquiry the body has powers to enforce the attendance of witnesses, examine witnesses on oath in the same manner as a judge. The body may have the power to strike off or enter sanctions on the conclusion of the committee investigations.
It is an offence not to comply with the requirements of the committee. The fitness to practice committee on completion of enquiry submits to the Council a report in writing of its findings.
If the committee finds an allegation is proved one or more sanctions may be imposed. These range from censure to fines to cancellation of registration or restriction.
A decision to impose a sanction other than censure requires confirmation by Court. A decision to impose a sanction other than censure may be appealed to Court within 21 days. Where the decision is not appealed the Council must make an Application to Court for the confirmation of the decision. The Court will confirm the decision unless it sees a good reason not to do so.
Dentists
A similar system of registration applies to dentists. A registration council maintains the register of dental surgeons. Persons may be admitted based on recognised qualifications and training in Ireland. EU qualifications are also recognised in accordance with EU legislation. A person may not practice dentistry or use titles without the requisite qualifications.
Only persons entered into the register are entitled to use the description dental surgeon or dental practitioner. It is an offence to hold oneself out as such without being registered. It is an offence to practice dentistry or hold oneself out as practising dentistry without being a registered dentist.
The Dental Council maintains a register of dental specialists. It provides registration of additional qualifications. The Council satisfies itself in relation to the suitability of dental education and training standards, standards of practical knowledge, standards of postgraduate education and training. The Council may recognise specialities from time to time.
Companies may not perform dentistry services. The Council may provide schemes for the establishment of auxiliary dental workers. Similar provisions in relation to training, registration etc apply.
Enquiries
The Council has disciplinary powers in relation to misconduct and unfitness. It may suspend apply conditions, advise, admonish or censure a person. It may remove the dentist’s name from the register. Most serious penalties require confirmation of the High Court.
The procedure in relation to fitness to practice committees is broadly similar to that in respect of doctors. The fitness to practice committee initially considers whether a complaint is sufficient to warrant an enquiry.
The procedures in relation to enquiries are broadly similar to that in respect of doctors. The committee has the powers and privileges of a High Court Judge in hearing the case. It is an offence for witnesses to fail to attend or co-operate.
The Council following an enquiry and report by the fitness to practice committee may attach conditions, strike off, admonish. It may decide that the person’s name be erased from the register. The person may apply within 21 days of the decision to apply to the High Court to have the decision cancelled.
The High Court may cancel the decision, declare it proper or give to the Council as the Court thinks proper. If the person does not apply to the High Court the Council may apply for confirmation of the decision and the Council confirms decision unless it sees a good reason to the contrary.